LAST REMINDER: FILING DEADLINE FOR YOUR COMPANY’S 2024
ANNUAL REPORT IS MAY 1st

There are only a few weeks left before the May 1st deadline for Florida companies to file their corporate Annual Report with the State of Florida. If you miss the May 1st deadline, the state will add a mandatory penalty of $400 in addition to the normal fee!

The state requires a yearly filing from all corporations and LLCs to keep the company in official active status. If you do not file your Annual Report each year, the state will consider your company inactive and will eventually dissolve it from their records. If that happens, someone else can take your company’s name. It can also jeopardize the workers’ comp exemptions held by the company’s officers.

To file your company’s 2024 Annual Report, go to Sunbiz.org and make sure the page says “An official State of Florida website” at the top. This is how you know you are on the official government web page. Under Filing Services, click on the Annual Report link.

You will need the document number that was assigned to your business by the Division of Corporations when you first registered with them. You can find this number by going to Sunbiz.org and clicking on Look up a Business under the Popular Tasks tab and searching by your company’s name.

SCAM ALERT:  Your business may receive emails about filing your Annual Report. Read these solicitations carefully before choosing to pay a private company to file your company’s Annual Report! These companies are not affiliated with an official government agency, and they charge a lot more than the Annual Report actually costs. If you pay one of these companies to file your Annual Report, it will cost much more than if you filed it yourself on Sunbiz.org.

FUBA members with questions about their Annual Report can call the FUBA offices at 800-262-4483 and ask for Karen.

NEW REQUIREMENT TO GET OR RENEW A WORKERS’ COMP EXEMPTION

In Florida, business owners can choose not to cover themselves under their company’s workers’ compensation insurance policy. To do so, they must file an exemption application with the state Division of Workers’ Compensation. 

Exemptions are issued by the state and apply only to the person named on the exemption. They do not apply to everyone who works for the business. Only owners can exempt themselves; employees cannot be exempt. A business owner with an exemption is not covered by workers’ comp benefits if he/she is hurt on the job.

To keep your exemption active, it must be renewed with the state every two years. Exemptions for owners in a construction-related business cost $50 to renew. Non-construction exemptions are free to renew.

Exemptions can be renewed only at myfloridacfo.com/division/wc/employer/exemptions. When you log in to renew your exemption, you will now be required to watch a 5-minute video from the state that explains what workers’ comp exemptions are.
 
Pay attention to the code at the end of the video – you will need to enter it before you can proceed with your renewal. You cannot renew your exemption without this code. This new requirement applies to both construction and non-construction exemptions.

WHAT TO DO IF YOUR BUSINESS RECEIVES A COMPLAINT LETTER FROM OSHA

If your business receives a complaint letter from OSHA, it means that someone (either an employee or someone from the public) has contacted OSHA about a hazard in your workplace. OSHA is required to respond to all complaints and will evaluate the complaint to determine if an on-site inspection is needed.
You may receive a letter from OSHA explaining the hazard that was reported and asking you for information. You must respond in writing within five days addressing the hazards identified in OHSA’s letter and explaining any corrective actions you have already taken or plan to take.
Your response to OSHA should:

  • Provide as much information as you can about the conditions outlined in the letter.
  • Explain what you have done or will do to address the issue.
  • Provide proof of any written company policies addressing the issue.

Avoid saying that the hazard in the complaint is prevalent in your industry because “everybody does it this way.” Even if this is true, it has no bearing on the conditions in your specific workplace.

If the hazard identified in the complaint does not actually exist at your workplace, you can dispute the complaint by providing pictures of the work area, documentation of engineering controls, or proof that you provided personal protective equipment (PPE) to employees to mitigate the hazard. If you provide employees with PPE, your response to OSHA should include the part of your written safety policy or program that explains how to correctly use the PPE.

If the complaint was from an employee, you should not try to identify which employee made the complaint. Retaliating against an employee who has reported a workplace hazard is illegal and may trigger an investigation of your workplace by OSHA.

The USF SafetyFlorida Consultation Program offers free OSHA compliance assistance to Florida businesses. To request a consultation, visit their website at usfsafetyflorida.com or call them at 866-273-1105.

FREE WORKERS’ COMP WEBINAR

On April 11th, the State of Florida will host a free webinar on workers’ compensation for Florida employers. Licensed contractors and electrical contractors can receive one hour of continuing education credit for taking the online seminar.

The webinar explains which businesses are required to carry workers’ comp insurance­ in Florida, how business owners can exempt out of workers’ comp­ in Florida, and contractors’ responsibilities for their uninsured subcontractors.

The webinar is from 2:00 pm – 3:00 pm eastern time. Advanced registration is required. To register, call 850-453-7853 or email BOCSeminars@MyFloridaCFO.com.